It seems that in most marriages, one spouse gets the dirty duty of acting as the family accountant. If your late spouse was in charge of tax returns, you may not have much experience in such matters. They may, in fact, even scare the hell out of you. Even as you read now, you may have just remembered that your dog needs more water in his dish, or that you need to check your supply of furnace filters. Though you may be tempted, try not to “check out.” It is not expected that you will learn to prepare tax returns by reading this chapter, only that you understand what returns are due and their function. Certainly, tax returns cannot be ignored.

Unless you have a strong accounting background, you will need the assistance of a Certified Public Accountant (“CPA”). You are best advised to contact a CPA as soon as possible to begin to gather the information you will need to timely file the tax returns described in this chapter.

Even if you intend to hire a CPA, reading this chapter will make you a better teammate in a “taxing” undertaking. If you already use the services of a CPA, it is best to continue with someone who knows you and understands your situation. Naturally, you continue to be responsible to file a personal income tax return (Form 1040), but the rules change somewhat as a result of your spouse’s death.

If you are the personal representative of your late spouse’s estate, or the trustee of his trust, you must also file income tax returns for the estate or trust. If your late spouse’s taxable estate exceeds the Applicable Exclusion Amount ($1,000,000 in 2002), you may be required to file a Federal estate tax return.

If you or your late spouse made taxable gifts, you may be required to file gift tax returns (Form 709). The following returns are discussed in great detail in this chapter: